In accordance with
K.S.A. 12-3301 et seq., the Solid Waste Code for Municipalities of Sedgwick
County, Kansas, hereinafter referred to as the “code”, as prepared and
published by the Environmental Health Division, Wichita-Sedgwick County
Department of Community Health is hereby adopted by reference in its entirety
to be applicable to the city.However,
and notwithstanding any other provisions herein to the contrary, in the event
any provisions contained within this article are in conflict with the solid
waste code, then, and in that event, this article and the provisions hereof
shall control.

No person shall,
within the city limits, collect or dispose of solid waste unless licensed by
the appropriate Sedgwick County agency or department, and the city, and in
addition, the collector shall at all times remain in compliance with the solid
waste code for municipalities for Sedgwick County, Kansas, and with the terms
of this article.In addition, the
collector shall at all times comply with all other federal, state and local
rules, regulations and have established by governmental entities or agencies
having jurisdiction on the premises.

Section VII of the
code, covering the time period upon which residential bulky waste, paragraph 1
of Section VII of the code; bulky waste (non-residential), paragraph 2 of
Section VII of the code; and tree waste, paragraph 3 of Section VII of the
code, and the time period upon which such items of waste may be stored upon
premises within the city limits are hereby amended to permit the storage of
such waste upon the premises outside of an enclosed building to no longer than
30 days.In addition, residential bulky
waste and bulky waste (non-residential) may be removed to a collection station
as designated by the city council and there stored for ultimate disposal in the
city-county sanitary landfills.A
storage fee may be charged for the items of residential and non-residential
bulky waste delivered to the collection station, not to exceed $5 for each item
of bulky waste.The city shall, without
further cost, transfer such items of bulky waste to the city-county sanitary
landfill at such times as are convenient for such transfer.The cost of the transfer of such bulky waste
shall be paid from the fees charged for depositing such bulky waste in the
collection station.The city shall
maintain an appropriate storage facility designated as the collection station
for the collection of such bulky waste until transfer to the city-county
landfill is feasible.In addition,
Section VII of the code is further amended to allow tree waste, paragraph 3 of Section
VII, to be deposited in the city sanitary landfill and there collected until
the same can be disposed of by the city by transmittal to the city-county
landfill or by supervised burning upon approval by the city council and fire
department.The city sanitary landfill
shall be opened by special request upon approval of the city, and upon other
designated dates determined by the city council as the need therefor shall be
required.

The occupant of all
nonresidential premises and the owner of all single family dwellings and
apartments, and mobile home parks, shall arrange, contract and pay for the
collection of, and have collected solid waste, at least weekly, by a solid
waste collector licensed by the Sedgwick County, Kansas, Department of
Community Health, and to whom has been granted a permit from the city with such
service being at all times in accordance with the terms of this article, the
solid waste code of Sedgwick County adopted herein, and the solid waste system
of Sedgwick County.If the city and the
Wichita-Sedgwick County Department of Community Health determines that, in the
interest of health or safety, there shall be more frequent collections, then
the occupant or owner shall, within 14 days after receipt of such
determination, commence the collection as recommended.

The city may contract
with licensed solid waste collectors for the collection of solid waste within
the city limits.Prior to any such
contract being let or executed and prior to the issuance of any permit
hereunder the solid waste collector shall execute such contracts and
applications as may be required by the governing body, and in addition, shall
deliver to the city clerk the contracts of insurance herein provided for.

The collector shall
secure and maintain throughout the duration of any contract with the city, and,
in addition, prior to the issuance of any permit and during the permit period
and at all other times when using the streets of the city, such insurance as is
hereinafter required.The collection
shall submit written evidence of insurance with any permit application prior to
obtaining a permit.Insurance shall be
considered acceptable when provided in one of the following methods:

(a)By issuance of the original policy
designating the collector and the city, by name, as the insured parties under
the provisions of the policy.

(b)By endorsement to an original policy when
endorsement shall extend to the city the same coverage and protection
stipulated in the paragraph above.

(c)By separate contingent policy providing the
required insurance coverage for the protection of the city.

A duplicate of the
original of each policy shall be furnished showing specifically the coverage
and limits, together with the underwriter thereof, for approval by the
city.Regardless of such approval by the
city, it shall be the responsibility of the collector to maintain adequate
insurance coverage at all times, and the failure to do so shall not relieve him
or her of any obligation or responsibility.Failure on the part of the collector to maintain these insurances in
full force and effect will, if applicable, be considered as a failure in contract
performance, and, in addition, a violation of this section and will be treated
as such by the city.Satisfactory
certificates of insurance filed with the city shall note that 15 calendar days
written notice will be given to the city before any policy covered thereby is
changed or canceled.

The collector shall
provide the following insurance, and shall list the city as a beneficiary
thereon “as its interest may appear”, and as herein required:

(a)Workmen’s Compensation and Employer’s
Liability.

(1)The collector shall be liable to carry this
insurance if required by the appropriate federal and State of Kansas statutes
or regulations appertaining thereto.

(2)This insurance shall protect the collector
against all claims under the workmen’s compensation law.The collector shall also be protected against
claims for injury, disease or death of employees which, for any reason, may not
fall within the provisions of a workmen’s compensation law.

The liability limits
shall not be less than the following:

Workmen’s
Compensation - Statutory maximum amount.

Employee’s
Liability - $100,000 each person.

(b)Automobile Liability.This insurance shall be written in
comprehensive form and shall protect the collector against all claims for the
operations of all motor vehicles, whether they are owned or non-owned.

The liability limits
shall not be less than the following:

Bodily Injury -
$100,000 each person.

Bodily Injury -
$300,000 each occurrence.

Property Damage -
$50,00 each occurrence.

Such policy may be
written to allow the first $500 of liability for damage to property to be
deductible.

(c)General Liability.This insurance shall be written in
comprehensive form and shall protect the collector against all claims arising
from injuries to any person or damage to property of others arising out of any
act or omission of the collector, and in addition, this policy shall
specifically provide collector protective liability insurance and contractual
liability insurance covering the obligations stipulated herein.The collector shall provide and maintain
insurance to protect the city against any and all claims for damages for
personal injury, including accidental death, as well as from claims under such
contract, whether such operations be by the collector, any of his or her
subcontractors.

The liability limits
shall not be less than the following:

Personal Injury -
$100,000 each occurrence; $300,000 aggregate or single limit of $300,000.

Property Damage -
$50,000 each occurrence; $100,000 aggregate.

Such policy may be
written to allow the first $500 or liability for damage to property to be
deductible.

The collector shall,
by virtue of his or her utilizing the city street, or his or her contractor or
agreement with the city, or by his or her acting on behalf of the city, bind
himself or herself to indemnify, defend, punctually pay and save harmless the
city and all of its agents, representatives and employees from all suits,
claims, demands or actions of every kind or description arising from or
relating to, any acts, omissions or negligence of the collector, his or her
servants, employees, agents or subcontractors.The collector shall likewise bind himself or herself to punctually pay,
defend, indemnify and save harmless the city and all their agents,
representative and employees for and on account of any injury or damages
received or sustained by the collector, his or her servants or his or her
agents or subcontractors on account of any claim or amount recovered by royalty
or infringement of patent, trademark, copyright or on account of any claim or
amount recovered under the workmen’s compensation law.

The collector shall
not obstruct streets and shall keep passageways open.The collector is granted the privilege of
using the streets for the work specified, but he or she is not granted
exclusive use of such streets.The collector
shall handle the work in a manner which shall cause the least inconvenience to
the public or property owners and shall perform his or her labors in a
courteous, prompt manner.

No person shall,
within the city limits collect or dispose of solid waste unless a permit is
first obtained from the city clerk of the city prior to the issuance of the
license.The collector shall deliver to
the city clerk copies of Certificates of Insurance reflecting his or her
compliance with the safety responsibility laws of the State of Kansas, and, in
addition, such insurance as may be required by this section prior to the
operation of a motor vehicle upon the streets and highways of the city and
state.The insurance shall be kept in
full force and effect at all times.In
addition, the collector shall deliver to the city clerk written evidence that
the collector has complied with the Solid Waste Code for Municipalities, and
this section, and that his or her vehicle and/or vehicles in all respects
comply with the provisions of the “code”.In addition, the collector shall deliver to the city clerk the insurance
certificates required under the provisions of this article and the make, model
and identification or registration number of each vehicle which may be operated
on the city streets, and such other information as may be reasonably required
to assure the governing body that the terms of this article are and will be
complied with.The collector and all
employees shall at all times remain licensed to operate a motor vehicle under
the laws of the State of Kansas.

Any collector
collecting solid waste in the city shall deliver to the city clerk a detailed,
itemized written list setting forth the name and addresses of any parties with
whom he or she has contracted for the collection of solid waste, and the
addresses from which the solid waste is being collected. The list shall be
modified and brought current in writing on the first day of each and every
month thereafter.After the original
list has been submitted to the city clerk the collector shall be responsible
for delivering to the city clerk any deletions or additions to the list.Any collector contracting with the city shall
execute such contract documents as may be consistent with the terms of this
article.

Any and all contracts
and permits hereunder are subject to revocation for any violation of this
article or upon the failure of collector to comply with any of the terms of the
contract with the city or for any work stoppage which interrupts the normal and
regular collection of solid waste.In
the event any collector shall fail to comply with any of the provisions of this
article, the city clerk may, with the consent of the governing body, upon 14 days’
notice to such collector, revoke and cancel any contract which the collector
may have with the city.Any collector
may appeal such revocation order within 10 days to the governing body of the
city.

Any owner, or if
applicable, occupant, required by this article to arrange any pay for the
collection of solid waste collection services and disposal fee, may, when the
owner, or if applicable, occupant, is not in fact producing solid waste
requiring the collection and disposal of solid waste as herein required,
petition the city council, in writing, to provide relief from such fees and/or
services.The owner or occupant shall
supply the city with such information and complete such forms as they may
require.The city council, after hearing
such grievance, shall make the final determination.If the city determines that the collection of
solid waste from the subject premises is not necessary, or not required as
frequently as provided for herein, it may direct the collector to cease
collection, or it may recommend such partial relief as may be determined from
the circumstance involved; no collection services may be ceased or limited
until 30 days after the city council makes its determination as hereinabove
provided.